Hardwick v. Crosby’s Empirical Analysis
320 F.3d 1127 · 2003
Citation profile
28 federal appellate · 6 state decisions
How this case has been cited
Cited by 50 later decisions — most recently May 2021 · most notably Sochor v. State (2004), Hill v. Mitchell (2005)
28 federal appellate · 6 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Applies 28 U.S.C. § 2253 (Antiterrorism and Effective Death Penalty Act of 1996) · 28 U.S.C. § 2254 (Antiterrorism and Effective Death Penalty Act of 1996)
Relies on Strickland v. Washington · Townsend v. Sain · Gregg v. Georgia · Lockett v. Ohio · Eddings v. Oklahoma
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 50 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“It is well established, in a number of contexts, that 'a tactical or strategic decision is unreasonable if it is based on a failure to understand the law.'”
2 later decisions quote this exact passage · from the majoritye.g. Sochor v. State · Amaro v. State“First, the defendant must show that counsel’s performance was deficient. This requires showing that counsel made errors so serious that counsel was not functioning as the “counsel” guaranteed the defendant by the Sixth Amendment. Second, the defendant must show that the deficient performance prejudiced the defense. This requires showing that counsel’s errors were so serious as to deprive the defendant of a fair trial, a trial whose result is reliable.”
1 later decision quote this exact passage · from the majority“the full exposition of Hardwick’s deprived and abusive childhood and adolescence, including longstanding alcohol and drug dependency; his binge or extensive and consistent consumption of drugs and alcohol during the relevant time period of Pullum’s homicide; and the testimony of examining experts as to the presence of statutory and nonstatu-tory mitigating factors, especially, his ability to conform his conduct to the dictates of law.”
1 later decision quote this exact passage · from the majority
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.